# ~OLSINELLI 1515Wynkoop, Suite 600, Denver, CO, 80202 • 303.572.9300

September4, 2015

VIAFED EXONLY (TRACKING#774446059462) U.S. Department ofTransportation, Docket Operations WestBuilding Ground Floor, Roomw12-140 1200 New JerseyAve., SE Washington, DC 20590 Ramsey Ammar 303-583-8229 rammar@polsinelli.com

Re: Petition ofCardinalDroneLLC for ExemptionPursuantto Section 333 of the

### FAA Modernization andReformActof 2012 Dear Sir or Madam: t.

Pursuant to Section 333 ofthe 

### FAA Modernization andReformActof2012 ("FMRA") and 14 C.F.R. Part 11, Cardinal Drone LLC {"The Company"), operator of Small Unmanned Aircraft Systems ("sUASs") equipped to conduct mapping and infrared photography, videography and other aerial data collection services ("Uses"), hereby applies for an exemption from the below listed Federal Aviation Administration Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein, in accord with the enclosed Company Operations Manual ("Flight Operations Manual"), in compliancewiththe sUAS Operator's Handbook and all manufacturers' operations and/or instructions manuals ("Operator's Handbook") 1

, and in strict compliance any and all rules, regulations, and practices as may be established by the Federal Aviation Administration ("FAA") for the operation ofa sUAS.

1 The Flight Operations Manual and Operator's Handbook both contain confidential, trade secret and proprietary informationthatF4D Studio has not and will not share with others. Petitioner submits the Flight Operations Manual and Operator'sHandbook and all information contained therein as proprietary and confidential informationpursuant to 14 C.F.R. § 11.35(b). The Flight Operations Manual and Operator's Handbook contain operating conditions and procedures that are not available to the public and are protectedfrom release underthe FreedomofInformation Act, 5U.S.C. § 552 etseq. polsinelli.com Atlanta Chicago Dallas Denver Kansas City Los Angeles Nashville New York Phoenix San Francisco St. Louis Washington, DC Wilmington Polsinelli PC, Polsinelli LLP in CaliforniaUS Department ofTransportation September4, 2015 Page2

### l!::_EG~L**AUTH9~!TY** AND OVER

### VI~~- 1. Legal and Regulatory Framework The FMRA provides that "the Secretary ofTransportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system

..." prior to final completion oftherequired Reform Actplan and the subsequentrule-making. § 333(a). Inmakingthis determination, the SecretaryofTransportation shall determine, at a minimum- (1) Which types ofunmanned aircraft systems, if any, as a result oftheir size, weight, speed, operational capability, proximityto airports andpopulated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system orthe public orpose a threatto national security; and (2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is required for the operation ofunmanned aircraft systems identifiedunderparagraph (1). §333(b) (1)-(2). Finally, §333 provides that "[i]fthe Secretarydetermines underthis sectionthat certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system." §333(c). The FAAhas promulgated guidance for UAS users that wishto obtain a Section 333 exemption. TheFAAhas recommended that an applicant discuss the following items: 1. The safe operation of a UAS to minimize risk to the National Airspace ("NAS"), including the operational characteristic for the type ofUAS intended for use, operating procedures, and aircraft loadinginformation; 2. Operational procedures, includingpre-flightinspections, maintenance, and repair; 3. Radio Frequency ("RF") spectrumused for control ofthe UAS and associated equipment that is part of the UAS and whether it complies with Federal Communications Commission ("FCC") orother appropriate government oversightrequirements; 4. A description ofthe Pilot in Command ("PIC") directly responsible for the operation of the UAS, including the level ofairman certificate held, any applicable training related to the operation, and anyminimumhours offlight experiencerequiredbythePIC, bothtotal flight time and the time withtheparticularUAS; 5. The medical standards and certification ofthe PIC directly responsible for the operation oftheUAS; 6. The intended UAS operations, including how the operation would not adversely affect safety, orhowthey wouldprovide a level ofsafety at least equivalent to thatprovidedby the rule from which exemptionis sought; 7. The proposed maximum operating speed and altitude, and describe the minimum flight visibility and distance from clouds for their intended operations, including any potential hazards and safetymitigations associated withtheseproposed conditions;US Department ofTransportation September4, 2015 Page3

8. The characteristics ofthe area ofintended operation and the associated potential hazards andproximityto populated areas; 9. Theproximityto airports; 10. A description ofhow the application intends to operate the UAS within visual line-ofsight 

### ("VLOS"); 11. Anyprocedures to conduct a preflight safetyrisk assessmentto determine that the UAS is in a conditionfor safe flight and thattheplanned operation canbe completed safely; 12. To the extent the activity involves operations that have existing requirements, such as motion picture and television filming, or pipeline and power line control, how the application intends to complywith suchregulations; and 13. The applicant's intent to obtain a Certificate ofWaiver ofAuthorization ("COA'') from theFAAAirTraffic Organization. Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702- 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) wouldbenefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level ofsafety at least equal to the existingrules). See 14 C.F.R. § 11.81 (petitions for exemption). 2. The CompanyMeets and Exceeds the Legal and Regulatory Requirements As will be shown herein, The Companymeets and exceeds the stated §333 requirements as well as the guidancepromulgatedbythe FAA. Theproposed operations inthis petition for exemption qualify for expedited approval under §333 ofthe FMRA. Each ofthe statutory criteria and other relevant factors are satisfied. The proposed operations permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that ( 4) provides an increased level ofsafetybeyond that existing when fixed orrotor wing aircraft are usedto accomplish the samepurpose. The Company's sUAS is the AgDrone, a fixed wing, v-tailed aircraft, weighing 55 or fewer pounds, including payload. They operate, under normal conditions, at low speed and have the capability to hover and move in the vertical and horizontal plane. The Company's UASs will operate in line of sight, or pursuant to the prevailing FAA regulations and guidance, and will onlyoperatewithinthose areas described inthe enclosedFlight Operations Manual. Given the small size ofthe sUASs involved and the restricted environment within which they will operate, the comprehensive safety and operational parameters used by The Company, and The Company's commitment to compliance with the FAA's regulations now and into the future, this petition exemption falls within the equivalent level ofsafetythat Congress desired the FAA to permit commercial UAS operations by exemption pending completion offormal rulemaking. Also, due to the size of the sUASs and the restricted area in which the sUASs will operate, approval ofthe applicationpresents no national securityissue.US Department ofTransportation September4, 2015 Page4 Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving operations related to the Uses and decreasing operating costs, and (3) providing an environmentally conscientious wayofproducingoperationsrelated to theUses. Consideringthe clear direction in §333 ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant ofthe requested exemptions is also in the public interest. Accordingly, The Company respectfully requests the FAA grant the requested exemption without delay. 

### I MEET Cardinal**~!one** LLC

-----·------------------

Cardinal Drone LLC is an Ohio LLC any that operates Small Unmanned Aircraft Systems equipped to conduct mapping and infrared photography, videography and other aerial data collection services and other aerial data collection services, with a particular focus on precision agriculture. The Company works with clients across many industries, including agricultural, to provide the client images, videos and data needed to support and grow their business. The Company team has extensive experience in both safely piloting sUASs and providing mapping and infraredphotography, videography and other aerial data collection services. Contact for Cardinal Drone LLC: Cardinal Drone LLC Attn: Chad Street 8917 S. Old StateRoad, Suite 215 Lewis Center, OH 43035 (740) 337-6633 

### I

_**_P._~QPOSED** OPERATIONS

The enclosed Manuals describe, in detail, the policies and procedures for The Company's proposed sUAS operations. To assist the FAA in its safety assessment of The Company's proposed sUAS operations, below is a summary ofoperational limitations and conditions, which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines: 1. The sUAS will weigh less than 55 pounds. 2. Flights will be operated within line ofsight ofthe Operator. 3. Maximum total flight time for each operational flight will be limited to the amount oftime the sUAS can be flown and still maintain a reserve batterypower ofno less than 25%. 4. Flights will be operated at an altitude ofno more than 500 feet Above GroundUS Department ofTransportation September4, 2015 Page 5

Level 

### ("AGL"). 5. Flights will be operated at a safe lateral and vertical distance from and above any inhabited structures, buildings, vehicles, vessels, orpeople not associated with the operation orwho havenot signed a waiverin advance ofthe operation. 6. The sUAS Pilot with Pilot in Command responsibilities for the flight will be the designated Operator ("Operator"). 7. The sUAS will operate only within a confined area as described in the Flight Operations Manual. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It will be mandatory that all personnel who will be performing duties within theboundaries ofthe safetyperimeterbepresent for this briefing. 9. The Operatorwill havebeentrained in operations ofsUAS generally andreceived up-to-date information on the particular sUAS to be operated as required in the Flight OperationManual. 10. Written and/or oral permission from the relevant property holders will be obtained. 11. All required perm1sswns and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 12. Ifthe sUAS loses transmission signal, the sUAS will have the capabilityto return to apre-determinedlocation and land. 13. Contingency plans will be in place to safely terminate flight ifthere is a loss of transmitter communications or aloss ofGPS signal. 14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

### IREQUESTED EXEMPTIONS

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, byits terms, includes exempting civil aircraft, as the term is defined under § 40101 ofthe Act, including sUASs, from its safetyregulations and minimum standards when the Administrator decides a requested exemptionis inthe public interest. Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes ofconducting the Uses, and other aerial data collection services. Listed below are (1) the specific sections of 14 C.P.R. for which exemption is sought, and (2) the operatingUS Department ofTransportation September4, 2015 Page6 procedures and safeguards that Petitioner has established which will ensure a level of safety betterthan or equal to therules from which exemptionis sought. A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a) and (b) Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance ofairworthiness and registration certificates as required by 14 C.F.R. Given the size and limited operating area associated with the sUAS to be utilized bythe Petitioner, an exemption from Part 21, Subpart H, meets therequirements ofan equivalent level ofsafetyunderPart 11 and §333 ofthe FMRA. The Federal Aviation Act and §333 ofthe FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness or registration certificate, in the restricted environment and under the conditions proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificate withoutrestrictions and conditions ofthe proposed sUAS operations. Equivalent Level ofSafety The sUAS to be operated hereunder, AgDrone, a fixed wing, v-tailed aircraft, weighs less than 55 pounds with payload, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and sterile area. Unlike other civil aircraft, the proposed operations will be controlled and monitored bythe Operator pursuant to the Flight Operations Manual'srequirements, as attached. These safety enhancements, which already apply to civil aircraft operated in connection with existing operations for the uses, provide a greater degree ofsafetyto The Company's employees, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no crediblethreat to national securityposedbythe sUAS, due to its size, speed of operation, lack of explosive materials or flammable liquid fuels, and inabilityto carry a substantial external load. B. 14 C.F.R. Part27 Airworthiness Standards: Normal CategoryRotorcraft 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification ofnormal categoryrotorcraft. To the extent The Company would otherwise require certification under Part 27, The Company seeks an exemption from Part 27's airworthiness standards for the same reasons Identified inthe exemptionrequest from 14 C.F.R. Part 21, Subpart H. C. 14 C.F.R. 

### § 61.113: PrivatePilotPrivileges AndLimitations Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which would also have theUS Department ofTransportation September4, 2015 Page7

effect ofrequiring a second-class medical certificate. This provision limits private pilots to noncommercial operations. Equivalent Level ofSafety Because the sUASs will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring a ground crew member to have a private pilot's license rather than a commercials pilot's license to operation this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no persons on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. Therisks associated with the operation ofthe sUASs are so diminished from the level ofrisk associated with commercial operations contemplatedbypart 61 when drafted, that allowing operations as requested with a private pilot in the ground crew exceeds the presentlevel ofsafety achievedby 14 C.F.R. Sec. 61.113(a) and (b). In addition, in Grant of Exemption No. 11062 to Astraeus Aerial ("Astraeus"), the FAA determined that an Operator with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Additionally, as previously determined by the Secretary of Transportation, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with §333. The aerial data collection conductedbyThe Companywill beconducted in areas where access to the public is limited and controlled. As such, the operations will have no substantial impact on any third persons not involved in the production. The Company also has a policy to conduct its operations, when possible, during times when third persons not involved in the production are expected to be limited and to the extentpossible, to providenotice to affected third persons when production and operations will occur. Because The Company will operate in controlled areas and under controlled parameters, the sUAS will be flown based onvisual line-of-sight at altitudes below 500' AGL. Accordingly, The Companyrequest that this exemptionbegranted. D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements Petitioner seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that "[n]o person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 ofthis chapter." Equivalent Level ofSafety The equivalent level of safety for exemptions to the aircraft marking and identification requirements of§§ 91.9(c), 45.23(b) and 45.27(a) will be provided byhaving the sUAS markedUS Department ofTransportation September4, 2015 Page 8

on its fuselage as required by § 45.29(±). In addition, The Company is aware ofExemptionNo. 11333, which required the sUAS's markings to be "as large as practicable." The FAA has previously issued the following related exemptions to the aircraft marking requirements of § 45.23(b): ExemptionNos. 10700, 10167 and 10167A. E. 14 C.F.R. § 91.9(b)(2): CivilAircraftFlightManual in the Aircraft The Company seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states: (b) Nopersonmayoperate aU.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings and placards, or any combination thereof. Given thephysical dimensions ofthe sUAS, configuration and load capacity, the sUASs haveno ability to carry such a manual on the aircraft, not only because there is no pilot on board, but becausethere is simplyno room orcapacityto carry such anitem onthe aircraft. Equivalent Level ofSafety The safetyrelatedpurpose ofthis manualrequirement canbe equally satisfiedbymaintainingthe sUAS flight manual at the ground control point where the Operator will have immediate access to it. Accordingly, The Company requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737,

. 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, and 11333

("documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station oftheUAS anytimethe aircraft is operating.") F. 14 C.F.R. §91.7(a): CivilAircraftAirworthiness The Company seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this exemptionbegranted, no FAAregulatory standard will exist for determining airworthiness. Equivalent Level ofSafety The AgDrone has a stellar safety record, demonstrating that the sUAS is airworthy. Further, given the size ofthe sUAS and the requirements contained in the Flight Operation Manual for maintenance and pre-flight safety checklists, an equivalent level ofsafetywill beprovided.US Department ofTransportation September4, 2015 Page9

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827, 10700,and 11333. G. 14 C.F.R. § 91.103: PreflightAction The Company seeks an exemption from 14 C.P.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved flight manual on board the aircraft. While the Operator will be familiar with all information necessaryto safely conduct the flight, an exemptionis requested to the extentthat an FAA-approved flight manual is required onboard the aircraft. Equivalent Level ofSafety An equivalent level of safety will be provided by following the Operator's Handbook. The Operator will take all required preflight actions

- including reviewing weather, flight battery requirements, landing and takeoff distance, and aircraft performance data

- before initiation of flight. The Operator's Handbook will bekept at the ground station with the operator at all times. Further, The Company will utilize all safety and manufacturer's manuals to ensure it adheres to thehighest standards for safetywithinthe industry. H. 14 C.F.R. § 91.105 Flight Crew Members at Stations Petitioner seeks an exemption from 14 C.P.R. 91.105, whichprovides that "eachrequired flight crewmember shallbe at the crewmember station

...keep the safetybeltfastened

... [and] keephis orher shoulderharness fastened while athis orher assigned duty station. Equivalent Level ofSafety In general,§ 91.105 requires pilot and crew to be at their duty stations and harnessed during flight. Petitioner seeks exemption from Section 91.105 because the sUAS inthe instantpetition is bydefinition an unmanned aircraft, having neitherpilotnor crew so as to be stationed or harnessed as requiredbythe regulation. An equivalent orevenhigherlevel ofsafety canbe providedinsteadbyusing an unmanned aircraft controlledbyaPIC who at all times is located at and controls the sUAS from the ground control system. I. 14 C.F.R. § 91.109(a): FlightInstruction The Company seeks an exemption from 14 C.P.R.§ 91.109(a), which provides that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." sUASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the aircraft via radio communications. Equivalent Level ofSafety Given the size and speed ofthe sUAS, an equivalent level ofsafe training can still beperformedUS Department ofTransportation September4, 2015 Page 10

without dual controlsbecauseno pilot orpassengers are aboard the sUAS, and all persons will be a safe distance away in the event that the sUAS experiences any difficulties during flight instruction. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See, Exemption Nos. 5778K & 9862A. The equivalent level ofsafety is providedbythe fact that neither apilotnorpassengers willbe carried inthe aircraft andbythe size and speed of the aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing digital communications that are paired to the sUAS, making it nearly impossibleto unintentionally orintentionallyhave the control communications interrupted. The FAAhas approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. Exemptions include: Nos. 5778K and 9862A. J. 14 C.F.R. § 91.119: Minimum SafeAltitudes Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons orproperty onthe surface," providedthat "eachperson operatingthe helicopter complies with anyroutes or altitudes specificallyprescribed for helicopters bythe FAA." To provide the intended operations for the Uses, the sUAS is normally operated below 500 feet AGL. Additionally, due the nature ofthe proposed operations, the sUAS will maintain a safe lateral and vertical distance from inhabited structures, buildings, vehicles, and vessels, and from people not associated withthe operation. Equivalent Level ofSafety Compared to flight operations with rotorcraft weighing far more than the maximum55 pounds proposed herein, and given the lack offlammable fuel, anyrisk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS, as well as the location where it is operated. As set forth in the Flight Operation Manual, the sUAS will be operated in a confined area, where buildings and people will not be exposed to operations without their pre-obtained consent. Because of the advance notice to the property owners and participants, all affected individuals willbe well aware ofthe planned flight operations as set forth inthe Flight Operation Manual. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record of the AgDrone demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments.US Department ofTransportation September4, 2015 Page 11

K. 14 C.F.R. §91.121: Altimeter Settings This petition seeks an exemption from 14 C.P.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level byreference to an altimeter that is set to the elevation ofthe departure airport or barometric pressure. An exemption is required because the sUAS does nothave abarometric altimeter, butrather a GPS altituderead out. Equivalent Level ofSafety An equivalent level ofsafety will be achievedbyfollowing the procedures set forth inthe Flight Operation Manual. As prescribed in the Flight Operation Manual, the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the Operator will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes. L. 14 C.F.R. § 91.151(a): FuelRequirements for Flight in VFR Conditions The Companyrequests an exemption from 14 C.P.R.§ 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person maybegin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30minutes; or (2) Atnight, to fly afterthat for at least 45 minutes. Here, the battery powering the AgDrone provides approximately 15 minutes ofpowered flight. To meet the 30 minutes reserve requirement in 14 C.P.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amount of batterylife is needed. Petitionerwill notbe conducting any sUAS flights at night. Equivalent Level ofSafety An equivalent level ofsafety will be achieved because the operations will be conducted on-site without significant transit timebythe sUAS. All flights will beplanned to beterminated withno less than 25% reserve batterypower still available. This restriction wouldbemore than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation ofthe sUAS with less than 30 minutes ofreserve fuel does not includethe type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS, and the proximity ofthe flight operationto the landing zone. This request for exemption falls within the scope ofprior exemptions, including ExemptionNos. 10673, 2689F, 5745, 10673, 10808 and 11333.US Department ofTransportation September4, 2015 Page 12

M. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration The Company seeks an exemption from civil aircraft certification and registration requirements of14 C.P.R. § 91.203(a) and (b). Theregulation states inpertinentpart: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has withinitthe following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so thatitis legible to passengers or crew. An exemption to this regulation is necessary because: (1) the sUAS's configuration, load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which documents couldbe displayed; and (3) there areno passengers or crew for whom the certificates need to bedisplayed. Equivalent Level ofSafety To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the Operatorwill have immediate access to them. The FAAhas issuednumerous exemptions to this regulation, including: ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. M. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections The Company also seeks an exemption from the maintenance inspection requirements contained in 14 C.P.R. § 91.405(a), 91.407(a)(1), 91.409(a)(l), 91.409(a)(2), 91.417(a) and (b). These regulations specifymaintenance and inspection standards in reference to 14 C.P.R. Part 43. See, e.g., 14 C.P.R. § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required ions

...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, whichthe sUAS will nothave. Equivalent Level ofSafety An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Operator's Handbook as referenced in the Flight Operation Manual. As provided inthe Flight OperationManual, the operatorwill ensure thatthe sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of anyUS Department ofTransportation September4, 2015 Page 13

maintenance performed. The operatoris the personmost familiar with the aircraft andbest suited to maintain the aircraft in an airworthy conditionto providethe equivalent level ofsafety. If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods oftime during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. 

### IPUBLIC INTEREST

Granting The Company's exemption furthers the public interest on numerous levels. National policy set by Congress favors early integration ofUAS into the national airspace in controlled, safe working environments such as those propose in this petition. In addition, maintaining industrial safetyhas been apriority ofstate and local governments for decades. The Company also believes that the use ofsUASs for the Uses serves a valuable public interest and addresses a common public concern: safety. The use of sUAS's in a controlled and safe manner, as described herein. In addition, in the event ofan unforeseen incident, a sUAS causes far less disruption than traditional aircraft. In addition, conducting the Uses with the sUAS, instead of manned aircraft, meets another common public concern in the noise and pollution caused by traditional aircraft. The use ofa sUAS significantly reduces the levels of air and noise pollution generated during traditional operations related to the Uses. Byusing battery power and electric motors, the sUAS produces no airpollution, and is the mostviable environmentally conscious alternative to piston orturbine powered rotorcraft. The sUAS, while reducing the carbon footprint of [LIST OF USES], also eliminates noise pollution as its battery powered electric motors are barely audible during the take-offphase, and cannotbeheardwhen operatingmorethan 100 feet above ground level. Byusing the sUAS to perform the Uses, the substantial risk to life and propertyin the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantiallyreduced or completely eliminated. Aside from the lack ofaircrew members located onboard the aircraft, the minimal size and weight ofa sUAS creates less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conductthe Uses. Relatedly, the sUAS contains no reactive or combustible materials onboard and thus thepotential for fire or explosions is greatly diminished. In addition, granting the exception will help advance the knowledge base for conducting commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate use of helicopters to conduct similar operationsrelate to the Uses. TheUAS in question is verylightweight and does not carry any flammable fuel, further reducingthe risk from anypotential accident.US Department ofTransportation September4, 2015 Page 14

[

__**PRI~ACY**

All oftheproposed flights and videographywill be only conducted after obtaining anyindividual subject matter's permission. All flights will occur over public right-of-way or private property with the property owner's prior consent and knowledge. Theproposed operations will not impact privacy concerns beyond those already implicated by manned aircraft aerial data collection operations. 

### IFEDERAL REGISTRY**SUM_~** __

A_R_Y

__ Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should itbedetermined thatpublication is needed: Cardinal Drone LLC seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR45.23(b); 45.27 (a); 14 C.F.R. 61.113; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.9(c); 14 CFR 91.103; 14 CFR 91.105; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1)and (2); 14 CFR 91.417 (a) & (b). Approval of these exemptions allowing commercial operations of small and lightweight unmanned aircraft ("sUAS") to conduct the Uses will enhance safety by reducing risk to The Company, the general public and propertyowners. The AgDrone sUAS, weighing less than 55 pounds, with payload, and powered by batteries, eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is transported to the designated survey area set up. It is not flown from an external locationto the work-site. The sUAS will carryno passengers orcrew and, therefore, will not expose them to the risks associated withmanned aircraft flights. The operation ofthis small UAS will provide an equivalent level ofsafety, supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight sUASs operate at slow speeds, close to the ground, and in a controlled environment. As a result, they are far safer than conventional operations related to the Uses are conducted with fixed wing aircraft orhelicopters. 

### I CONCLUSION

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012-size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security-providesmore than adequatejustification for the grant ofthe requested exemptions to permit The Company to operate sUASs in support ofthe Uses and aerial data collection operations in accordance with the Flight Operation and Operator's Handbook appendedhereto.US Department ofTransportation September4, 2015 Page 15 Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving operations related to the Uses and decreasing operating costs, and (3) providing an environmentally conscientious way ofproducing operations for theUses. Sincerely,

RamseyAmmar Encls: Flight Operations Manual (CONFIDENTIAL- NOT FORPUBLIC RELEASE) sUAS Operator's Handbook (CONFIDENTIAL- NOT FORPUBLIC RELEASE) Exhibits-- AgDrone Manufacturer's Safety and Use Guides